Section I_Contract Clauses.pdf

REFM LOGISTICS SERVICES TIRNO-11-R-00009

SECTION I – CONTRACT CLAUSES

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I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following address: https://www.acquisition.gov/far/.

(End of Clause)

I.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

INCORPORATED BY REFERENCE

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES

TO THE GOVERNMENT

SEP 2006

52.203-7 ANTI-KICKBACK PROCEDURES OCT 2010

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

JAN 1997

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT

APR 2010

52.204-4

PRINTED OR COPIED DOUBLE-SIDED ON

RECYCLED PAPER

AUG 2000

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.204-10 REPORTING EXECUTIVE COMPENSATION AND

FIRST-TIER SUBCONTRACT AWARDS

JUL 2010

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NUMBER TITLE DATE

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

DEC 2010

52.215-2 AUDIT AND RECORDS – NEGOTIATION OCT 2010

52.215-8 ORDER OF PRECEDENCE – UNIFORM

CONTRACT FORMAT

OCT 1997

52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR

PRICING DATA – MODIFICATIONS

OCT 2010

52.215-13 SUBCONTRACTOR COST OR PRICING DATA –

MODIFICATIONS

52.215-14 INTEGRITY OF UNIT PRICES OCT 2010

52.215-15 PENSION ADJUSTMENTS AND ASSET

REVERSIONS

52.215-17 WAIVER OF FACILITIES CAPITAL COST OF

MONEY

OCT 1997

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR

POST RETIREMENT BENEFITS (PRB) OTHER

THAN PENSIONS

JUL 2005

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES OCT 2009

52.216-7 ALLOWABLE COST AND PAYMENT DEC 2002

52.216-8 FIXED FEE MAR 1997

52.219-4

52.219-8

52.219-9

NOTICE OF PRICE EVALUATION PREFERENCE

FOR HUB ZONE SMALL BUSINESS CONCERNS

UTILIZATION OF SMALL BUSINESS CONCERNS

SMALL BUSINESS SUBCONTRACTING PLAN

ALTERNATE II (OCT 2001)

52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996

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52.219-16

LIQUIDATED DAMAGES – SUBCONTRACTING

PLAN

JAN 1999

52.219-25

SMALL DISADVANTAGED BUSINESS

PARTICIPATION PROGRAM-DISADVANTAGED

STATUS AND REPORTING

52.222-1

NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES

FEB 1997

52.222-3

52.222-4

CONVICT LABOR

CONTRACT WORK HOURS & SAFETY

STANDARDS ACT – OVERTIME COMPENSATION

JUN 2003

JULY 2005

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-35 EQUAL OPPORTUNITY FOR VETERANS SEP 2010

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON VETERANS SEP 2010

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER

THE NATIONAL LABOR RELATIONS ACT

52.222-41 SERVICE CONTRACT ACT OF 1965 NOV 2007

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT ACT – PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS

SEP 2009

52.222-46 EVALUATION OF COMPENSATION FOR

PROFESSIONAL EMPLOYEES

FEB 1993

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.222.54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2009

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

AUG 2003

52.223-6 DRUG-FREE WORKPLACE MAY 2001

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52.223-18

CONTRACTOR POLICY TO BAN TEXT MESSAGING

WHILE DRIVING

SEP 2010

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.225-1 BUY AMERICAN ACT – SUPPLIES FEB 2009

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

ALTERNATE I (APR 1984)

52.227-2

52.227-3

52.227-14

52.227-23

52.228-5

52.228-7

NOTICE AND ASSISTANCE REGARDING

PATENT AND COPYRIGHT INFRINGEMENT

PATENT INDEMNITY

RIGHTS IN DATA—GENERAL

ALTERNATE I (JUN 1987)

RIGHTS TO PROPOSAL DATA (TECHNICAL)

INSURANCE – WORK ON A GOVERNMENT

INSTALLATION

INSURANCE – LIABILITY TO THIRD PERSONS

DEC 2007

APR 1984

DEC 2007

JUN 1987

MAR 1996

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.230-2 COST ACCOUNTING STANDARDS OCT 2010

52.230-3 DISCLOSURE AND CONSISTENCY OF COST

ACCOUNTING PRACTICES

OCT 2008

52.230-6 ADMINISTRATION OF COST ACCOUNTING

STANDARDS

JUN 2010

52.232-1 PAYMENTS APR 1984

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-9 LIMITATIONS ON WITHHOLDING OF PAYMENT APR 1984

52.232-11 EXTRAS APR 1984

52.232-17 INTEREST OCT 2010

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52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-22 LIMITATION OF FUNDS APR 1984

52.232.23 ASSIGNMENT OF CLAIMS ALTERNATE I (APR 1984) JAN 1986

52.232-25 PROMPT PAYMENT OCT 2008

52.233-1 DISPUTES ALTERNATE I (DEC 1991 JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

OCT 2004

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.239-1 PRIVACY OR SECURITY SAFEGUARDS AUG 1996

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984

52.242-2 PRODUCTION PROGRESS REPORTS APR 1991

52.242-3 PENALTIES FOR UNALLOWABLE COSTS MAY 2001

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES – FIXED PRICE AUG 1987

ALTERNATE II (APR 1984)

52.243-2 CHANGES – COST REIMBURSABLE AUG 1987

ALTERNATE II (APRI 1984)

52.244-2 SUBCONTRACTS OCT 2010

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010

52.245-1 GOVERNMENT PROPERTY AUG 2010

52.245-9 USE AND CHARGES

AUG 2010

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52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

52.246-5 INSPECTION OF SERVICES – COST REIMBURSABLE APR 1984

52.246-20 WARRANTY OF SERVICES MAY 2001

52.246-25

LIMITATION OF LIABILITY – SERVICES FEB 1997

52.247-12 SUPERVISION, LABOR OR MATERIALS APR 1984

52.247-13 ACCESSORIAL SERVICES – MOVING CONTRACTS APR 1984

52.247-14 CONTRACTOR RESPONSIBILITY FOR THE RECEIPT

OF SHIPMENT

52.247-15 CONTRACTOR RESPONSIBILITY FOR LOADING AND

UNLOADING

52.247-16 CONTRACTOR RESPONSIBILITY FOR RETURNING

UNDELIVERED FREIGHT

52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY

AND/OR PROPERTY DAMAGE

52.247-22 CONTRACTOR LIABILITY FOR LOSS OF AND/OR

DAMAGE TO FREIGHT OTHER THAN HOUSEHOLD

GOODS

52.248-1

VALUE ENGINEERING

52.249-2 TERMINATION FOR THE CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE)

MAY 2004

52.249-6 TERMINATION (COST-REIMBURSEMENT) MAY 2004

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)

ALTERNATE I (APR 1984)

52.249-14 EXCUSABLE DELAYS APR 1984

52.251-1 GOVERNMENT SUPPLY SOURCES AUG 2010

52.253-1 COMPUTER GENERATED FORMS JAN 1991

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I.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee

Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

I.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 working days.

I.5 52.217-9 OPTION TO EXTEND TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) calendar days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.

I.6 52.222-49 SERVICE CONTRACT ACT – PLACE OF PERFORMANCE

UNKNOWN (MAY 1989)

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: N/A. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by 12 Noon, Monday, August 29, 2011.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

I.7 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATIONS

SERVICES (AUG 2010)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract.

The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost, stolen, damaged or destroyed Government property. If any or all of the Government property is lost, stolen, damaged or destroyed or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense.

The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

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(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

See Section J, List Of Documents, Exhibits, And Other Attachments, Attachment J-4, Government Property/Equipment Furnished

I.8 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(a) The use in this solicitation or contract of any Department of the Treasury clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

I.9 DTAR 1052.203-12 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (DEVIATION) (JAN 1990)

1. Definitions.

•Agency," as used in this clause, means executive agency as defined in 2.101.

•Covered Federal action," as used in this clause, means any of the following Federal actions:

(a) The awarding of any Federal contract.

(b) The making of any Federal grant.

(c) The making of any Federal loan.

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(d) The entering into of any cooperative agreement.

(e) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

•Indian tribe" and •tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450B) and include Alaskan natives.

•Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or an appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

•Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

•Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(a) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.

(b) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.

(c) A special Government employee, as defined in section 202, title 18, United States Code.

(d) An individual who is a member of a Federal Advisory Committee Act, title 5, United States Code, appendix 2.

•Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

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•Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for such work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

•Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

•Recipient," as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

•Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

•State," as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions.

(1) Section 1352 of title 31, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: The awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement.

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(2) The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement.

(3) The prohibitions of the Act do not apply under the following conditions:

(i) Agency and legislative liaison by own employees.

(A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(B) For purposes of subdivision (b)(3)(i)(A) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(C) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(1) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(D) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action-

(1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(2) Technical discussions regarding the preparation of any unsolicited proposal prior to its official submission; and

(3) Capability presentations by persons seeking awards from an agency pursuant to the provision of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

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(E) Only those services expressly authorized by subdivision (b)(3)(i)(A) of this clause are permitted under this clause.

(ii) Professional and technical services.

(A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of-

(1) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(2) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(B) For purposes of subdivision (b)(3)(ii)(A) of this clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. The following examples are not intended to be all inclusive, to limit the application of the professional or technical exemption provided in the law, or to limit the exemption to licensed professionals. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communication with a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communication with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services.

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Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of an bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.

(C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(D) Only those services expressly authorized by subdivisions (b)(3)(ii)(A)(1) and (2) of this clause are permitted under this clause.

(E) The reporting requirements of FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officer or employees of a person.

(iii) Selling activities by independent sales representatives.

The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter:

(A) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and

(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(c) Disclosure.

(1) The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using non-appropriated funds (to include profits from any covered Federal action), which would be prohibited under subparagraph (b)(1) of this clause, if paid for with appropriated funds.

(2) The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (c)(1) of this clause. An event that materially affects the accuracy of the information reported includes-

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(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or

(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

(3) The Contractor shall require the submittal of a certification, and if required, a disclosure form by any person who requests or receives any subcontract exceeding $100,000 under the Federal contract.

(4) All subcontractor disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(d) Agreement. The Contractor agrees not to make any payment prohibited by this clause.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (a) of this clause or who fails to file or amend the disclosure form to be filed or amended by paragraph (b) of this clause shall be subject to civil penalties as provided by 31 USC 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

I.10 SMALL BUSINESS SUBCONTRACTING REPORTING

In accordance with FAR Clause 52.219-9, Small Business Subcontracting Plan, SF 294 and SF 295 reports must be submitted electronically via the Electronic Subcontracting Reporting System located at http://www.esrs.gov.